Badge - Rated by Super Lawyers Victor A. Rotolo
Badge - Rated by Super Lawyers Anthony P. Kearns third
Badge - Million Dollar Advocates Forum
Badge - Multi Million Dollar Advocates Forums
Badge - New Jersey Supreme Court Certified Attorney
Badge - New Jersey's Best Lawyers For Families 2018
Badge - AV Preeminent Victor A. Rotolo 2024
Badge - Client Champion Gold 2024
Badge - Hunterdon County Chamber of Commerce
Badge - Top 100 The National Trial Lawyers
Please click Award & Selection Criteria & Methodology for information regarding the specific criteria used for selection of each of the above awards.

Child Custody

The issue of child custody often occurs during a divorce. The courts have to determine which parent, relative, or other adult should have physical and/or legal control and responsibility for all children under the age of 18.

A divorce is a very difficult and stressful time for both parents and it will always impact the children. 

Anthony Kearns, Victor Rotolo, and the experienced attorneys at Kearns Rotolo Law are familiar with all aspects of child custody laws and will ensure that your child's best interests are represented at all times.

Super Lawyers Badge

Victor A. Rotolo has been included on the List of New Jersey Super Lawyers in the years 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022, 2023, and 2024 marking his nineteenth year of inclusion on this list. The list of New Jersey Super Lawyers is generated by the Thomson Reuters organization which employs the following methodology and set of standards to compile the list each year. Super Lawyers Selection Methodology [No aspect of this advertisement has been approved by the Supreme Court.]

Certified Civil Trial Attorney Badge

Victor A. Rotolo is certified by the Supreme Court of New Jersey as a Civil Trial Attorney.

"A certified attorney is more than just an attorney who specializes in a particular area of law. A New Jersey attorney who is certified by the Supreme Court as a civil trial attorney must have:

  • been a member in good standing of the New Jersey bar for over 5 years
  • demonstrated a substantial level of experience in civil trial law
  • been favorably evaluated by other attorneys and judges familiar with his or her work
  • taken and passed a written examination in civil trial law."

Source: Supreme Court of New Jersey, Board on Attorney Certification, Brochure on Certified Civil Trial Attorney. See Rule 1:39: Specialty Certification of Attorneys.

Determining Child Custody

Some factors that help to determine child custody include the lifestyle, health, and financial state of each parent, history of domestic violence, stability of the home environment, and the relationship of the child with their siblings and parents.

Child Custody: Legal v. Physical

There are two kinds of child custody: legal custody and physical custody.

Legal Custody: A parent’s decision–making responsibilities are referred to as legal custody, which can be divided into joint legal custody or sole legal custody.

  • Joint legal custody requires both parents to agree on any major decisions concerning the children, such as education, medical, and general welfare.

  • Sole legal custody gives one parent the sole authority over the decisions without input from the other parent.

Physical Custody: Physical custody refers to the obligations of the parent to have the child live with him/her. Many times physical custody is shared so the child is able to spend an equal amount of time with each parent.

The primary residential parent is responsible for lodging, supervision, and day-to-day decision making. The other parent, the non–physical custodial parent, is given rights of visitation and a schedule that is agreed upon by both parents. Parents are encouraged to schedule visitations in order to continue parental contact with the children after the marriage has ended. 

Do you have questions about child custody? Kearns Rotolo Law is very familiar with the complex set of family laws that govern a divorce and will ensure that your child’s best interests are represented at all points during the divorce. Call Kearns Rotolo Law today to set up an appointment at your convenience. Your initial half-hour consultation session is free.
What Our Clients are Saying

I was very proud to be represented by Tony and felt secure at a time I needed a compass to head out of a difficult bind. Confidence in your counsel and a sense of security in understanding how best to proceed are important reasons to consider Anthony Kearns and his team of outstanding lawyers.

- Lynn

Tony was excellent! He was knowledgeable, responsive and on-time. His experience as a County Prosecutor definitely helped our case as he knows how the legal system works and how to navigate. I highly recommend Tony and his office.

- Matt

Thankfully I found Kearns Rotolo Law and I had a wonderful experience working with Charles Rifici on a difficult divorce/child custody issue. I am so grateful for all the work and guidance he provided. He always took his time and diligently went through all my options with me so I could make the decisions that benefitted my family and I. I will be forever thankful for the top notch services he provided.

- Cinthya

In March of 2022 I contacted Kearns Rotolo Law Firm with an urgent problem, Mr. Kearns and Mr. Rotolo contacted me immediately to give me hope as to rectify my problem. The end result was Mr Kearns was able to solve my issue through extreme professionalism, I am very grateful I found Kearns Rotolo Law firm and I would recommend their law firm to anyone that has a less extreme problem or a more complex problem, I am very grateful for their services.

- Bill

I met with Mr. Kearns yesterday about a devastating situation affecting our family. Mr. Kearns and his entire staff made us feel extremely comfortable and showed our family a compassionate side that gave us comfort in the most uncomfortable of situations. Thank you very much. God Bless.

- Christian